PUTRAJAYA: Addressing public concerns over privacy, Home Minister Datuk Seri Saifuddin Nasution Ismail clarified that police personnel must have valid grounds that is related to an investigation or crime when they ask members of the public to surrender their cellphones for inspection.
Following Human Rights Commission of Malaysia’s (Suhakam) statement on Saturday that arbitrary inspections of cellphones by police such as at police checkpoints can be considered a violation of human rights, he said he has asked Inspector-General of Police Tan Sri Razarudin Husain to meet with the commission to exchange views and provide an accurate perspective of the matter for a clearer understanding of police work.
Saifuddin Nasution said there are clear instances where the police need to inspect cellphones.
“There have been many views on this matter, but if we look at it from a security aspect, say when a suspect has information on terrorism and we have intelligence to believe so.
“Here is a suspect we have identified as being involved in such activities overseas, and he is now in the country, but the law does not allow us to inspect his cellphone. So, what do we do, if you put yourself in the position of the police?
‘‘This is why we need laws that allow us to carry out such inspections. With this, we are capable of solving cases.
“Suhakam sees the matter from a human rights aspect, and the discourse is being made to look like the police are checking cellphones as they wish. That is not the case. There must be valid basis, and the police must have locus standi to do so,” he said at a press conference after inspecting preparations for the Asia International Security Summit and Expo (AISSE) that begins at the Putrajaya International Convention Centre (PICC) here today.
On the ground: Saifuddin Nasution (fourth from left) checking on the preparations for the AISSE at PICC in Putrajaya. — RAJA FAISAL HISHAN/The Star
Saifuddin Nasution said he is optimistic that discussions between Suhakam and the police will bring about greater clarity.
He said if any member of the public feels that their rights have been violated when police order them to surrender their cellphones for checks, they may lodge a police report for an investigation to be conducted.
They can also file a complaint with Suhakam if their mobile devices are searched arbitrarily at police roadblocks without reasonable justification.
In a statement on Saturday, Suhakam advises the complainant to note the incident location, the officer’s name and identification number, and submit complaints to complaints@suhakam.org.my, the website aduan.suhakam.org.my, or in person at its offices in Kuala Lumpur, Kota Kinabalu or Kuching, as well as make a police report.
This was after Razarudin said police with the rank of inspectors and above have the authority to examine a person’s cellphone if there is suspicion or information suggesting they have committed a crime.
On an unrelated matter that is linked to claims that there could be an influx of illegal immigrants from Myanmar into the country, Saifuddin Nasution said the Malaysian Maritime Enforcement Agency regularly patrols the country’s coastlines to ensure that such groups are kept away from Malaysian waters.
As for the AISSE, he said there will be 300 companies from 48 countries, including Malaysia, taking part in the event aimed at being the strategic platform for cybersecurity, public safety, artificial intelligence and smart surveillance systems.
